LexisNexis® Legal Newsroom
Cadwalader Alert: Record Breaking Heat Highlights Need for Improved Load Management

By Ken Irvin and Brenda Hanzl It's hot in Texas. Already struggling through the second worst drought in the state's history, many cities in Texas began August with a series of triple digit days, and a significant cool down seems unlikely any time soon. Record breaking heat has led to record...

Cadwalader: Murkowski Seeks Answers from FERC on EPA Regulation's Impacts on Reliability

By Ken Irvin and Sohair Ahmadi Following testimony of the Commissioners of the Federal Energy Regulatory Commission ("FERC" or "Commission") on September 15, Senator Murkowski (R-AK) sent FERC Chairman, John Wellinghoff, several intense follow-up questions regarding the potential...

Cadwalader: FERC to Hold Technical Conference to Address Reliability

By Ken Irvin and Sohair Ahmadi The Federal Energy Regulatory Commission ("FERC" or "Commission") announced that it will hold a technical conference, open to the public, on November 29, 2011 from 1:00 p.m. to 5:00 p.m. and on November 30, 2011 from 9:00 a.m. to 4:00 p.m. to discuss...

Cadwalader Clients & Friends Memo: Montana Consumer Counsel v. Federal Energy Regulatory Commission

On October 13, 2011, the U.S. Court of Appeals for the Ninth Circuit held that the market-based rate policy embodied in FERC Order No. 697 and FERC Order No. 697-A does not exceed FERC's authority as conferred by the FPA. Under Order 697, which became effective in September 2007, sellers who apply...

Cadwalader Clients & Friends Memo: FERC Office of Enforcement Issues 2011 Report on Enforcement

On November 17, 2011, the Federal Energy Regulatory Commission ( FERC ) Office of Enforcement issued its 2011 Report on Enforcement ( Report ). The annual Report provides an overview of and statistics regarding FERC's enforcement activities during the fiscal year 2011 ( FY2011 ) within the Office...

Cadwalader: Clean Energy Standard Legislation Introduced in Senate

By Greg Lawrence , Athena Eastwood , Margo Dey and Jonathan Flynn On March 1, 2012 Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-NM) introduced the Clean Energy Standard Act of 2012 , legislation that seeks to reduce greenhouse gas emissions and encourage low-carbon energy...

Cadwalader Clients & Friends Memo: Sen. Stabenow's Alternative Energy Tax Incentive Measure Fails to Pass Senate

By David S. Miller , Gregory K. Lawrence , Daniel J. Mulcahy and Harley L. Raff On March 13, an amendment to the "Moving Ahead for Progress in the 21st Century Act" (which is also known as the "Surface Transportation Act") that would have reestablished and extended several tax...

Cadwalader Friends & Clients Memo: EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators

By Gregory Lawrence , Athena Eastwood , Joseph Williams and Tory Lauterbach On March 27, 2012 the Environmental Protection Agency ("EPA") submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for new...

Cadwalader: CFTC Concludes Certain Natural Gas Transportation Agreements May be Swaps

Natural gas traders should note that the CFTC has concluded that the definition of swap (which includes commodity options) includes the right to use gas transportation via the payment of a demand charge or reservation fee if the exercise of the right to use the transportation requires the payment of...

Cadwalader Clients & Friends Memo: U.S. District Court Denies Dismissal of Constitutional Challenge to Maryland Public Service Commission Orders

On August 3, 2012, the United States District Court for the District of Maryland denied two motions to dismiss plaintiffs' complaint in PPL Energyplus, LLC v. Douglas R. M. Nazarian .1 The complaint seeks to enjoin the Maryland Public Service Commission ("PSC") from enforcing certain of...

Cadwalader Clients & Friends Memo: FERC and CFTC Reach Agreement on Information Sharing and Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“ MOUs ”) required by the Dodd-Frank Act. On January 2, 2014, the Federal Energy Regulatory...

Cadwalader Client & Friends Memo: FERC Enforcement Director Calls for Legislative Fix to Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission ( FERC ), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection hearing entitled “Regulating Financial Holding Companies and Physical Commodities...

Cadwalader: Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

On August 5, 2014, the Federal Energy Regulatory Commission ( "FERC" ) issued a public Staff Notice of Alleged Violations ( "NAV" ) regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the PJM energy market. The NAV states that FERC’s...

Cadwalader Client & Friends Memo: Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates resulting...

Cadwalader Client & Friends Memo: On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s wholesale demand response compensation rule. [1] The D.C. Circuit’s...

Cadwalader, Wickersham & Taft LLP: ‘Such a Fact Pattern Does Not a $5 Million Penalty Make’

By Doron Ezickson , Thomas Millar and Katherine Vorhis Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. 1 On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million against Maxim Power Corporation and its named...

Cadwalader, Wickersham & Taft LLP: CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

By Paul Pantano , Sohair Aguirre and Lamiya Rahman On May 19, 2015, the Commodity Futures Trading Commission (“ CFTC ” or “ Commission ”) issued an order in response to an application from Southwest Power Pool, Inc. (“ SPP ”) proposing to exempt three categories...